State Missouri Ex Rel. Hilleary and

In this original proceeding relators initially seek to prohibit respondent from exercising jurisdiction over Count II of an
amended petition filed in an action pending before the respondent in which Nark, Inc., a corporation, David B. Flavan, Jr.,
and John Flavan are the plaintiffs and the relators, together with Harry Hilleary, individually and as president of Hilleary
and Partners, Ltd., are the defendants. The essential facts necessary for our determination of the issue presented are these: On or about June 28, 1966, relators
Hilleary and Partners, Ltd. (then named Flaming Pit Franchising Corp.), granted the Flavans the exclusive franchise to operate
a restaurant or restaurants named "Noah's Ark" within a designated area in St. Charles County, in return for which the Flavans
agreed to pay Hilleary and Partners one percent of their gross sales, as defined. The agreement further provided, in part,
that the Flavans were to have the right of first refusal on all other "Noah's Ark" restaurants which might be located in the
metropolitan St. Louis area and also provided that if Hilleary and Partners sold franchises to others outside that area the
Flavans would receive one percent of the gross annual sales of the first five of such restaurants, and one-half of one percent
of gross annual sales of the next five franchised restaurants. As authorized by the contract, the Flavans thereafter assigned
the franchise agreement to Nark, Inc., a corporation.